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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Constitutionality of Pre-Action Notices in Nigeria
Author:Nwauche, E.S.
Year:2002
Periodical:Recht in Afrika = Law in Africa = Droit en Afrique
Issue:2
Pages:183-189
Language:English
Geographic term:Nigeria
Subjects:access to justice
Law, Human Rights and Violence
Abstract:No useful purpose is achieved by continuing to uphold the constitutionality of pre-action notices. The two reasons which are used to justify the notices, can be dispensed with. A letter from a prospective plaintiff or his agent should be enough to commence a process of deciding whether to make reparations to the plaintiff. Anachronistic rules such as pre-action notices serve no end of justice and it is often a procedural requirement which is employed by defendants to delay or deny an inquiry into the merits of the case. And they cause untold hardship. It is against this background that the author urges the Supreme Court of Nigeria to declare all pre-action notices as unconstitutional at the next available opportunity. Notes, ref., sum.
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